A Disneyland injury attorney can help when the unexpected happens at Disneyland in Anaheim, California. Below, you can read about accidents that have happened at Disneyland, and what you can do to avoid them.
Can You Sue Disneyland?
Disneyland is normally a place of great joy and fun you can experience with your friends and family. Unfortunately, sometimes accidents happen during your stay at Disneyland that can cause serious injury.
If you were injured or in an accident at Disneyland, it can be a daunting experience because Disney is such a large corporate entity with a lot of power, money, and goodwill.
No one wants their fun spoiled at “the happiest place on earth.” But more than just spoiling a day of fun, a Disneyland accident can cause great harm and stress in your life for years to come.
Disneyland employs thousands of highly-trained employees, yet when these employees are careless or negligent, or if Disneyland’s equipment fails to operate properly, you should not be left alone to suffer through pain, medical bills, or ongoing medical treatment. Disneyland should be held to account for its wrongful conduct.
Fortunately, California law allows you to sue Disneyland to recover for your injuries. But don’t delay, you only have two years from the date of your injury to file a lawsuit. For help with injuries sustained at Disneyland, call us today at 949-973-6478 to learn more about your legal right to recovery.
Types of Accidents at Disneyland, Some Resulting in Lawsuits
Disneyland has about 18 million visitors per year. Many people are injured every year at Disneyland, but most never hear of these incidents because Disney dispels of them quickly and quietly to avoid negative press.
Nonetheless, every once in a while, a case against Disney does not get quietly settled, but makes it all the way to a jury trial. Below are a few examples of various types of injuries sustained while at Disneyland that went to trial in the California or federal court system and became published court opinions (valid legal precedent):
- In 2002, a 23-year-old woman on her honeymoon with her husband died after sustaining traumatic brain injuries on the Indiana Jones ride at Disneyland (see Gomez v. Superior Court 35 Cal. 4th 1125). The California Supreme Court found in favor of the plaintiff, ruling that a Disney ride operator can be classified as a “common carrier” who owes plaintiff a higher standard of care under California law.
- In 1989, a man sustained knee injuries on the Pirates of the Caribbean ride after the boat went down the waterfall and collided with another boat in front of it (see Olin v. Disneyland Int’l 832 F. Supp. 1342). The court found in favor of the plaintiff, overruling Disney’s motion for summary judgment.
- In 1956, a 9-year-old girl was injured on the Astro-Jet ride when she broke her front teeth on the inside of the passenger car (see Lyle v. Disneyland, Inc. 178 Cal.App. 2d 18). Disneyland asserted the defenses of contributory negligence and assumption of risk, and the jury found in favor of Disney.
- In 1955, a man brought an action against Disney for injuries sustained after slipping and falling at Disneyland (see Mays v. Disneyland 213 Cal.App.2d 297). The appellate court found in favor of the plaintiff (that, after a jury verdict in favor of plaintiff, a new trial should not have been granted).
There are many types of accidents that can occur at Disneyland, many of which never make the headlines. If you have been injured during your stay at Disneyland, contact Attorney Paul Denni, a Disneyland injury attorney, below for a free consultation.
How to Avoid Injuries at Disneyland
Sometimes, an injury is unavoidable. By definition, an “accident” happens when you least expect it. If you have already been injured in an accident, contact us below for help or call us at 949-973-6478.
But there are certain precautionary measures you can take to help protect yourself, and to shield yourself from a “contributory negligence defense” as was asserted by Disney in the Lyle v. Disneyland Inc. case, discussed above.
Injuries on Rides
Make sure to follow these tips to avoid injuries on Disneyland rides:
- follow all instructions given by posted signs
- follow all instructions given by Disneyland employees
- remain seated at all times while on the ride
- make sure your safety belt (if applicable) is secure, and if in doubt, ask a Disney ride operator to check it for you
- do not raise hands or arms while in the passenger car
- make use of grips or handles provided to steady yourself while the ride is in motion
Disney Slip and Fall Injuries
To avoid slip and fall or trip and fall injuries:
- do not use your cell phone while walking
- always scan the path ahead of you to watch out for spilled drinks or other obstacles in your path
- do not trespass into unauthorized areas/ stick to pedestrian paths
- obey all pedestrian signs
Other Disneyland Injuries
There are many potential ways to sustain injuries from a Disneyland accident. In general, you should follow all signs, instructions, and rules provided by Disneyland brochures and staff.
Common sense goes a long way. When observing entertainment shows and parades, stay behind the provided barriers and watch safely from a distance.
Do I Have a Valid Claim Against Disneyland?
Most claims against Disneyland will be based in negligence. Negligence is a legal theory that says Disney owes you a duty of care when you step upon its premises.
If you are injured, and that injury was caused by a breach of that duty of care of one of Disney’s employees, then you likely have a claim to recovery for foreseeable damages as a result of that negligence, including:
- pain and suffering
- medical treatment
- medical bills
- lost wages due to missed work